Alleged Driver in Kalamazoo Crash to Face Murder Charges

In the wake of murder charges announced yesterday against the alleged reckless driver who plowed into a pack of Kalamazoo cyclists, killing five, the Michigan legislature is fast-tracking a bill that would intensify penalties against drivers who injure and kill cyclists.

The driver, Charles Pickett Jr., 50, will be charged with five counts of second-degree murder and four counts of reckless driving causing serious impairment, Prosecutor Jeff Getting announced Thursday. More charges could follow, as investigators gather more evidence.

Pickett was previously arrested for driving under the influence in Tennessee five years ago, but those charges were later dropped; it’s not yet known if Pickett was driving under the influence Tuesday. Pickett could be sentenced to multiple life sentences if convicted of the murder charges.

Judging by the damage to the truck and the cyclists’ bikes, it’s likely Pickett hit the riders from behind at a high rate of speed. The force of the impact with the riders caused the front of the truck to cave, disabling it, while the bikes shattered into a mess of shattered carbon fiber and twisted metal. Pickett fled the scene on foot, but was apprehended a short time later. Pickett was not in court Thursday for medical reasons, Getting said, but is expected to be officially arraigned today.

Kalamazoo Prosecuting Attorney Jeff Getting speaks with media about a fatal crash involving several bicyclists at the Kalamazoo Township Police Department in Kalamazoo Township, Mich., on Tuesday, June 7, 2016.

Bryan Bennett/Kalamazoo Gazette-MLive Media Group via AP

Pickett's Facebook page presents lewd images and posts celebrating alcohol, degrading women, and endorsing violence. One photo on the site shows Pickett leaned against a motorcycle with what appears to be a beer in his hand.

The victims were described to Bicycling by friends as genuinely good people and pillars of the local community.

Assuming a plea bargain is not reached, it’s very possible Pickett could receive a severe sentence, especially if he is found to have been impaired at the time, says Denver attorney Megan Hottman, who specializes in cases involving cyclists.

Pickett “plowed into a group of cyclists, which means they were visible; it wasn’t just a lone rider,” Hottman says. “I suspect a jury in the Kalamazoo case is going to find the driver guilty on the Murder 2 charges—unless for some reason the DA really messes up at trial—and then I would bet that the judge renders a very harsh penalty in this case. Maybe not life in prison, but a significantly long time, depending on the sentencing guidelines.”

Assuming Pickett’s found guilty, “at the sentencing hearing, the victims’ families will all speak and typically ask for the harshest penalties under the law, while the defendant and his family will ask the court for leniency,” Hottman says. “These hearings are awful and so emotional. Typically cyclists will pack the courtrooms during these hearings to show their support and also make it known to the judge that people are watching. They are waiting for cyclists’ lives to be taken seriously and to bring some pressure to the judge to avoid a lenient sentence. But ultimately it’s the judge’s call.”

On the same day charges against Pickett were announced, Michigan legislators fast-tracked a bill authorizing harsher criminal penalties for drivers who harm cyclists and pedestrians. Motorists who kill cyclists and other vulnerable roadway users could face up to 15 years in prison under a felony charge and up to a year for a misdemeanor, if the legislation passes.

“While we do not know yet what factors led to the senseless tragedy in Kalamazoo, it is more than clear that more must be done to protect bicyclists and other vulnerable users on our roadways,” state Sen. Margaret O'Brien said in a news release.

“We may never be able to stop these things from happening, but we can make sure motorists who injure or kill vulnerable users of our state roadways pay for what they have done,” said fellow bill sponsor state Sen. David Knezek.

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